Will Genesis Prompt Supreme Court Evolution in Distinguishing Collective and Class Actions?

On June 25, 2012, the U.S. Supreme Court agreed to review whether an entire lawsuit is mooted when the employer in a Fair Labor Standards Act (FLSA) collective action makes an offer of judgment that would fully satisfy the sole plaintiff’s claims before any certification effort.  (Genesis Healthcare Corp. v. Symczyk).  Employers should benefit from clarity about offers of judgment in this context.  More significantly, however, this case provides the Court with the first clear opportunity since 1989 to revisit the very nature of FLSA collective actions and give employers needed defenses to the process and standards applied almost routinely by district courts regarding facilitating notice and the status of opt-in plaintiffs.

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